Patel v K&J Restaurants [2010] EWCA Civ 1211 deals with a number of interesting questions concerning relief from forfeiture. Although the lease in question (of a restaurant and residential flats) fell within the Landlord and Tenant Act 1954, the...
All the blog posts, most recent first
If you’ve got a spare 30 mins
The Lord Chancellor, the Rt Hon. Ken Clarke QC MP gave a surprisingly frank interview to Law in Action this week. It's available on the BBC iplayer, here, for the moment and is very much worth 30 mins of your time. The questions on legal aid and,...
Parish notices
Our friends at the LAPG have reminded us that the All Party Parliamentary Group on Legal Aid meets on Wednesday 24 November in Committee Room 14 of the House of Commons between 2 and 4 pm. The speaker will be Jonathan Djangoly MP, Minister for...
Equality Act 2010
I’m going to level with you, dear reader(s), I’m a bit late with this one. In my defence, I point to the fact that the Act as printed is around 250 pages long, consisting of 218 sections and 28 schedules. The explanatory notes run to over 160...
Two More Housing Act 2004 Appeals Reach the Lands Tribunal
Relatively few appeals to the RPT reach the Lands Tribunal. However decisions in two have recently been published on their website. Hanley v Tameside Metropolitan Borough Council is an appeal against the service of a Prohibition Order. These Orders...
Pathway plans and duties
In R(A) v Lambeth LBC [2010] EWHC 1652 (Admin) (Claim 1) and [2010] EWHC 2439 (Admin) (Claim 2), Kenneth Parker J considered first whether it was proper for a personal advisor to complete a ChIldren Act 1989 pathway plan, and, secondly, the degree...
Allocations: Overwriting the effective date
One of the key things that choice-based lettings is designed to achieve is openness and transparency in housing allocation (or lettings, if you prefer). It does so mostly by using a relatively crude mechanism of determining priorities in and...
DWP Research: HB & LHA
The DWP has snuffled out (it seems like the best expression but apologies for it) three research reports on the impact of the local housing allowance. Of course, these reports are largely out of date as a result of recent announcements about the...
“Could have gone better” corner
Just a brief note on a couple of tangentially housing-related cases, both of which serve as illustrations of how not to go about things as claimants and in one case, as a defendant as well. A little cruel, perhaps, as to be human is to err, but the...
Bad landlords and good housing lawyers on the TV
Panorama on BBC1 this evening (link to iPlayer, good for the next few days) was about notably bad examples of private landlords providing 'housing' for benefit claimants. Tame Estates in the North West and some others, who frankly all looked like a...
Accommodating ‘formerly relevant children’
SO, R (on the application of) v London Borough of Barking and Dagenham [2010] EWCA Civ 1101 I'm a bit slow in getting to this one (and the rest of our backlog). We're all more than a little busy. My apologies. This is the Court of Appeal hearing of...
Exodus
As we await the impact of the imposed upper limits of Housing Benefit, starting in April 2011, it appears that some London Councils have already decided on the likely results, according to this story in the Observer. Representatives of London...